P-40.1, r. 3 - Regulation respecting the application of the Consumer Protection Act

Section 42 Disposition versions

2019-08-01

42. A contract involving credit, other than a contract of instalment sale, that contains a clause of forfeiture of benefit of the term, must in addition to the clause prescribed by sections 61.0.15 and 61.0.16 and the clause prescribed in section 38 or 39, as the case may be, immediately after the clause of forfeiture of benefit of the term, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.

Within 30 days following receipt of the notice and statement of account by the consumer, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present an application to the court to have the terms and conditions of payment prescribed in this contract changed;

(c)  or present an application to the court to obtain permission to return the goods forming the object of this contract to the merchant.

If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to the consumer the payments he has received from him.

It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 42; I.N. 2016-01-01 (NCCP); O.C. 994-2018, s. 26.

2016-01-01

42. A contract involving credit, other than a contract of instalment sale, that contains a clause of forfeiture of benefit of the term, must in addition to the clause prescribed in Schedule 7 of the Act and the clause prescribed in section 38 or 39, as the case may be, immediately after the clause of forfeiture of benefit of the term, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.

Within 30 days following receipt of the notice and statement of account by the consumer, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present an application to the court to have the terms and conditions of payment prescribed in this contract changed;

(c)  or present an application to the court to obtain permission to return the goods forming the object of this contract to the merchant.

If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to the consumer the payments he has received from him.

It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 42; I.N. 2016-01-01 (NCCP).

2012-09-01

42. A contract involving credit, other than a contract of instalment sale, that contains a clause of forfeiture of benefit of the term, must in addition to the clause prescribed in Schedule 7 of the Act and the clause prescribed in section 38 or 39, as the case may be, immediately after the clause of forfeiture of benefit of the term, contain the following compulsory clause:

“Clause required under the Consumer Protection Act.

(Clause of forfeiture of benefit of the term)

Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.

Within 30 days following receipt of the notice and statement of account by the consumer, the consumer may:

(a)  either remedy the fact that he is in default;

(b)  or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed;

(c)  or present a motion to the court to obtain permission to return the goods forming the object of this contract to the merchant.

If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to the consumer the payments he has received from him.

It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.

R.R.Q., 1981, c. P-40.1, r. 1, s. 42.